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(영문) 서울남부지방법원 2016.09.02 2016가합104037
양수금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 350,218,978 and KRW 296,176,858 among them, Defendant A Co., Ltd.

Reasons

1. On March 4, 201, the Saemaul Savings Depository with the indication of the claim: (a) transferred KRW 315,00,000 to Defendant A on March 4, 201; (b) set the rate of interest rate under Article 3(2)2 of the General Terms and Conditions for Credit Savings Depository (hereinafter “instant loan”); and (c) set the loans at the rate of 23% per annum under Article 3(5) of the Basic Terms and Conditions for Credit Savings Depository (hereinafter “instant loan”); (d) the Defendant B guaranteed the principal and interest of the instant loan up to KRW 409,50,000; (b) the direct Saemaul Savings Depository transferred the principal and interest of the instant loan to the Federation of Saemaul Savings Depository on February 12, 2013; (b) the Federation of 50,000,000 to the Plaintiff on August 7, 2015; and (c) the Plaintiff entrusted with the power to notify the assignment of claims by the Saemaul Savings Depository to the Plaintiff on August 16, 2816, and 2586, respectively.

2. Applicable provisions;

(a) Defendant A corporation: Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

(b) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

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